This coming Friday, November 8th, the University of Michigan Journal of Law Reform has organized a terrific day-long symposium on the future of agency independence. I’ve attached the schedule with speaker lineup. The student editors have been hard at work planning this gathering, and I’m so excited for the series of conversations we will have […]
One of the more significant rulemaking initiatives under Chair Gensler’s SEC that has not yet been finalized is a proposal to expand the universe of what constitutes an “exchange” for regulatory categorization purposes. This rulemaking has broader relevance than may at first be apparent to market participants, as its implications extend beyond the world […]
Today’s Ad Law Reading Room entry is “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by Luke P. Norris and Helen Hershkoff, which is forthcoming in the Texas Law Review. Here is the abstract: Looking back at the federal courts over the last generation, commentators will likely focus on their role in undermining the functioning […]
The D.C. Circuit published one opinion last week, which did not deal with administrative law. It did, however, deal with a high-profile issue: criminal prosecutions stemming from January 6. United States v. Griffin posed the question, what does it mean for a person to “‘knowingly enter[]’ the restricted safety zone [around the Vice President]” within […]
As the presidential election approaches, the Committee on Foreign Investment in the United States (“CFIUS”) has increasingly come into the public spotlight. CFIUS, an interagency committee chaired by the Secretary of the Treasury, reviews the potential national security risks of certain foreign investments. At CFIUS’ recommendation, the President may suspend, prohibit, or unwind transactions that threaten […]
In my first post of this series, I noted that, despite our common goals in seeking to understand the dynamics of administrative policymaking, those who devote their professional lives to administrative statecraft often place themselves in intellectual silos. With almost one week until Election Day and voting already underway, I cannot help but think of election administration […]
The Northern District of Texas just declared two federal statutes unconstitutional—in part on Commerce Clause grounds. The government has appealed to the Fifth Circuit. And if the case proceeds to decision on appeal, the Fifth Circuit will have an opportunity to issue one of the most consequential appellate decisions in the modern era on the reach of […]
Here is a quick reminder about the New Voices in Administrative Law Program at this year’s AALS annual meeting. The deadline for submissions is Friday, November 1. We are also seeking additional senior commenters. Please let us know if you are interested! Call for Submissions: AALS New Voices in Administrative Law 2025 The Association of American Law […]
This is been such a busy semester, so I’m barely getting this posted before the end of October. But here is the September 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN and this eJournal are […]
Please join me in congratulating Professors Neal Devins and David E. Lewis for winning the ABA Administrative Law and Regulatory Practice Section’s 2024 Annual Scholarship Award, which recognizes the best scholarly work published in the field of administrative law during 2023. Our selection process was rigorous. The committee examined numerous articles and books published during […]
Register today for the ABA Section of Administrative Law & Regulatory Practice’s annual Virtual Live Fall CLE Conference on Thursday, November 7, and Friday, November 8, 2024. Over the course of two days, you can participate in 8 panels and seek up to 12.5 hours of online live CLE credit. As a full conference attendees, […]
The University of Michigan Law School is pleased to invite scholars to submit their abstracts for the 11th Annual Junior Scholars Conference, which will take place in Ann Arbor, Michigan, on April 25-26, 2025. The deadline for abstract submissions is January 5, 2024. We are accepting abstract submissions from pre-tenure track faculty, as well as Ph.D. and […]
The D.C. Circuit issued only one opinion this week, and it wasn’t about admin law. (It’s about the exceptions to the “three strikes” rule under the Prison Litigation Reform Act, which bars prisoners from proceeding in forma pauperis if they have filed three frivolous lawsuits). So there isn’t much to report! The Court did hear […]
It’s no understatement to say that the Roberts Court, in only the last decade or so, has rewritten the textbooks on administrative law. And more seismic changes could be on the way. Since the long conference, the Supreme Court has twice relisted Consumers’ Research v. Consumer Product Safety Commission, a potential blockbuster that could overturn […]
In Loper Bright v. Raimondo, the Supreme Court ruled that Section 706 of the Administrative Procedure Act (APA) prohibits courts from deferring under Chevron v. NRDC to agency interpretations of statutes. What, if anything, does that holding mean for the deference courts give agency interpretations of regulations under Auer v. Robbins? On one reading of Loper Bright, Auer is no longer good law. That’s because both Auer and Chevron require courts to defer […]